In a case that’s reigniting the free speech wars under President Donald Trump’s second term, a South Dakota professor has won a temporary reprieve after a judge blocked his firing for controversial comments about the late conservative activist Charlie Kirk.
U.S. District Judge Karen Schreier, a Clinton appointee, ruled Wednesday that the University of South Dakota cannot move forward with its plans to terminate tenured art professor Phillip Michael Hook. Schreier emphasized that “the public has a compelling interest in protecting its First Amendment rights,” signaling that constitutional protections outweigh political outrage—for now.
The ruling reinstates Hook to his position retroactively to September 12, just days after he was suspended, and will remain in effect until an October 8 preliminary injunction hearing in Sioux Falls.
The controversy began on September 10, hours after Kirk, 31, was fatally shot during a Q&A session at Utah Valley University. On his private Facebook account, Hook posted:
“Okay. I don’t give a flying f*** about this Kirk person. Apparently he was a hate spreading Nazi… I’m sorry for his family that he was a hate spreading Nazi and got killed. I’m sure they deserved better. Maybe good people could now enter their lives. But geez, where was all this concern when the politicians in Minnesota were shot? And the school shootings? And Capitol Police? I have no thoughts or prayers for this hate spreading Nazi. A shrug, maybe.”
After backlash, Hook followed up with a second post apologizing:
“Apparently my frustration with the sudden onslaught of coverage concerning a guy shot today led to a post I now regret posting… I extend this public apology to those who were offended. Om Shanti.”
Despite the apology, the university’s dean of the College of Fine Arts, Bruce Kelley, moved to fire Hook, arguing he violated campus policy.
The case immediately drew national attention. Conservative figures framed Hook’s comments as evidence of liberal “indoctrination” in higher education, while free speech advocates saw the university’s response as a dangerous precedent.
South Dakota’s Republican governor Larry Rhoden took to X earlier this month, declaring:
“When I read this post, I was shaking mad… We must not send the message to our kids that this is acceptable public discourse. We need more Charlie Kirks on campus and less hatred like this.”
Progressive activists, however, countered that the incident highlights how quickly universities bend to political pressure in the Trump era. “This is about silencing dissent,” one petition organizer wrote. “If professors can’t speak their minds off the clock, then the First Amendment is meaningless.”
Charlie Kirk, a close Trump ally and founder of Turning Point USA, was a polarizing figure long before his violent death. He built his reputation by rallying young conservatives against what he called “radical leftist indoctrination” on college campuses. Critics, however, accused him of pushing bigotry and misinformation under the guise of patriotism.
Hook’s lawsuit—arguing “unconstitutional retaliation in violation of the First Amendment”—is part of a broader national clash over whether educators can be disciplined for their private speech. Legal experts say this ruling could influence future cases, particularly as universities face mounting pressure from conservative officials emboldened by Trump’s return to power.
The October 8 hearing will determine whether Hook keeps his job for good or faces renewed termination efforts. Meanwhile, petitions to defend Hook and other professors targeted for political speech continue to circulate online, underscoring how deeply these cultural battles have seeped into America’s classrooms.
“This isn’t just about one professor,” said a South Dakota student who signed one of the petitions. “It’s about whether we’re allowed to have any real freedom of thought in Trump’s America.”
Discover more from Next Gen News
Subscribe to get the latest posts sent to your email.

Yeah, he can say any ludicrous thing he wants…….AND people can leave that school and parents can cross it off their list! That’s ANOTHER freedom!
A “huge win” ? … Or a temporary win?
Obviously Next Gen will take the evil side…
But isn’t what he did and said defamation?
Fire that horrible, inhumane professor. He is among the worst influencers of our young people. Time to set the right examples for our youth!!!!!!
Hmmmm here’s something for people to think about. He called someone a Nazi, what would have happend if he called him the other N word? Don’t act ignorant everypne knows what I mean.What’s the difference? Not racist just making people see the hypocrisy
Th
He should be fired for causing the university to lose business when students transfer to another school or decline acceptance to the university because of a slanderous, anti conservative no grace art teacher.
You can think whatever you want. If you speak you are responsible for labels you throw at someone. If it’s untrue, slanderous and damaging you are liable for the harm you do. If you are employed and to any extent representing your employer authorized or not you and possibly your employer can be sued. So say what you want but because you can’t say something untruths can make you liable for damages. These damages aren’t negated by freedom of speech.
Not a surprise; a Clinton appointed judge ruled ‘hate speech’ is okay as long as it’s directed at a conservative.
Is it impossible for people to make to make comments on here without declaring themselves a member of any political party? Unable to express a thought wihtut a “backing”? In no way was Kirk a conservative- think about it- he was a blatant indoctrinator and I fund nothing Christian in his rhetoric and he was totally without decorum or manners when anyone tried to challenge him at a public engagement. His approachc was, indeed, Nazi-like and so are thr retributions we are seeing against anyone who dares to call ait liket hey ssee it. We MUST preserve FREEDOM of SPEECH before this administration shuts us all up
Well obviously any religic is more RADICAL than “conservative”. Religions are an addiction to being lied to, an enforced psychosis, and written orders from their BuyBulls for their customers to mass murder everyone on earth not of the exact same religion. And Hitler was basically a Roman Catholic Religious Terrorist who couldn’t get along for long with Eastern Orthodox Catholic Religious Terrorist and Priest Stalin. Of course, Charlie Kirk was very mild and civilized compared to Hitler and Stalin. Of course, telling blatant LIES about Kirk and the various current Democrat murderers and attempted assassins isn’t a matter of “freedom of speech”, but a CRIME! Plus the LSM – LameStreamMisleadia FAKE NEWS LIARS are also still lying and need to be further successfully SUED for their lies!
First amendment is the o important right of our country regardless if you agree what is said or not the is America’land of the free .peoples optinions make the world gonroubd so let’s all agree to disagree without killing .thats not worth answering for come judgement day